HALTING THE PROLIFERATION OF CHEMICAL AND BIOLOGICAL WEAPONS

Conventions and Treaties

Despite the nuclear tests carried out by India and Pakistan, proliferation of nuclear weapons will remain relatively limited in years to come. States may however be tempted, particularly in areas of conflict, to develop other weapons of mass destruction, such as chemical and especially biological weapons, which are less costly and easier to conceal. The various international treaties do not provide adequate control measures: the greatest threat to our future is now “bioterrorism”.
by Bruno Barrillot

- The Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases and of Bacteriological Methods of Warfare was signed at Geneva on 17 June 1925. It found wide acceptance in the international community but it had serious shortcomings: the research, production and export of weapons were not prohibited and the weapons themselves were so loosely defined that it was easy to circumvent the protocol. Also, some signatory states - including the United States, the USSR, France and Great Britain - had insisted on retaining the right of retaliation in the event of chemical attack.

- The Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, based on a joint American-USSR draft, was presented at the 26th meeting of the United Nations Assembly and adopted on 12 April 1972. The provisions on verification are inadequate. This Convention on the Prohibition of Biological Weapons entered into force on 26 March 1975 and has been ratified by 140 states (including Iraq). Eighteen states have signed it but not yet ratified it.

- The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction was adopted in Paris on 13 January 1993. It introduces binding measures on verification, accompanied by procedures for inspection and investigation in the territory of states suspected of failing to fulfil their obligations. In an area covering dual-use products, i.e. products that may be used for civilian or military purposes, the convention introduces specific measures on declaration and verification relating to the “non-prohibited” use of chemical products. Finally, very clear rules are established for the destruction of stocks of chemical weapons (new or old) and production facilities.

Under the terms of Article 21, the convention was to enter into force no later than two years after its signature in Paris and six months after the deposit of the 65th ratification. This measure gave the states signing in 1993 sufficient time to complete their national ratification procedures (normally approval by parliament). The Chemical Weapons Convention entered into force officially on 29 April 1997, having been signed by 162 states. By the end of 1997, it had been ratified by 104 states. Sixty-four other states (including Iraq, Israel, Libya and North Korea) have not yet deposited their instruments of ratification with the Organisation for the Prohibition of Chemical Weapons.

- The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) was signed in 1966, three years after the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water of 5 August 1963, and was ratified in 1970 for a period of 25 years. The Non-Proliferation Treaty specifically prohibited the five powers officially possessing nuclear weapons - the United States, Russia (then the USSR), the United Kingdom, China and France - to pass material or information to other states, which in turn undertook not to produce bombs. At the NPT Review Conferences held every five years since 1975, the principal bone of contention has been the absence of any prohibition on tests but, despite this, 170 countries decided on 11 May 1995 that the Treaty should continue in force indefinitely.

- The Comprehensive Test Ban Treaty (CTBT) was signed by 149 countries on 24 September 1996. To enter into force, it must be ratified by the 44 signatories possessing nuclear facilities. On 6 April 1998, the only declared nuclear powers to have ratified the treaty were France and the United Kingdom, though President Clinton expects it to be ratified by Congress this year. India has not signed. Until its tests in May 1998, it had been regarded as belonging, with Israel and Pakistan, to a group of countries on the threshold of becoming nuclear powers and it had argued during the negotiations that the comprehensive test ban should be linked to nuclear disarmament by the great powers.

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